High Court of Punjab and HaryanaCRM-M/29707/2019dismissed

Manisha v. State Of Haryana

2019-09-06Mr. Justice Surinder Gupta2 pages

CRM-M-29707 of 2019 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-29707 of 2019 Date of Decision: 06.09.2019 Manisha ....Petitioner

VERSUS

State of Haryana ....Respondent CORAM:- HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Mr. Lalit Kumar Yadav, Advocate for the petitioner.

Mr. Munish Sharma, AAG Haryana.

Mr. Loveneet Thakur, Advocate for the complainant.

******* SURINDER GUPTA, J.(Oral) The present petition has been filed under Section 438 Code of Criminal Procedure for grant of anticipatory bail to the petitioner in case FIR No.522 dated 02.07.2019 registered for offences punishable under Sections 420, 467, 468 and 471 of Indian Penal Code, at Police Station Bhiwani Sadar, District Bhiwani.

Heard.

Learned State counsel submits that the petitioner contested election of sarpanch from village Dhani Harsukh, Tehsil and District Bhiwani and while submitting the form, she attached a certificate issued by National Open School about her matriculation qualification. On investigation, it was found that at the time of taking admission in Class X of National Open School, she had attached the result card dated 06.07.2010 issued by Board of School Education, Haryana showing that she had JITENDER KUMAR 2019.09.09 10:06 I attest to the accuracy and integrity of this document Chandigarh obtained 75 marks in English subject but had failed in other subjects. The

CRM-M-29707 of 2019 -2roll number mentioned in that result card as 0802241202, enrollment number as 10-BH-9J-2015 and Session as 2010, were fake. That certificate is alleged to have been issued under the signatures of Secretary of Board of School Education Haryana Sh. Rajiv Ranjan while there was no secretary of this name during the period 28.04.2010 to 03.11.2011. During this period, Sh. Shekhar Vidyarthi, IAS was the Secretary of the Board. Learned State counsel further submits that fake documents were prepared by the petitioner to get the certificate with regard to her qualification. Her custodial interrogation is required to know as to from where she got the certificate and who had helped her for preparing the same. Learned counsel for the petitioner submits that allegations against the petitioner require to be proved during her trial. Being a lady and mother of a child of one year and ten months she may be allowed interim bail.

Keeping in view above facts, allegations against the petitioner are not only of preparing fake documents but also producing the same before authorities of Election Commission to contest the election of sarpanch.

Keeping in view the seriousness of offence, custodial interrogation of the petitioner is required to thoroughly investigate the entire case. I find no merits in this petition and the same is dismissed. September 06, 2019 ( SURINDER GUPTA ) jk JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No JITENDER KUMAR 2019.09.09 10:06 I attest to the accuracy and integrity of this document Chandigarh